Proposed tweaks to Louisiana's strict abortion ban faltered Wednesday before a Republican-controlled House committee, dealing a blow to Gov. John Bel Edwards and other Democrats who hoped to ease the ban in certain cases, such as after rape or incest occurs.
The House Administration of Criminal Justice Committee killed two bills that would have exempted rape and incest victims from the ban, including one specifically aimed at child victims. After the first vote, lawmakers pulled other bills that would have lessened penalties for doctors who perform abortions and exempted women who experience miscarriages and ectopic pregnancies.
Though most Louisiana lawmakers oppose abortion, Edwards and other anti-abortion Democrats have long pushed for rape and incest exemptions to the state's ban, which took effect after the Supreme Court overturned Roe v. Wade last summer. A majority of Louisianans support such exceptions, according to a poll conducted on behalf of pro-abortion groups by John Couvillon, a Baton Rouge-based Republican political analyst.
But Wednesday's hearing showed the steep odds supporters of abortion access face as lawmakers, doctors and activists on both sides of the issue adjust priorities to meet demands of the post-Roe landscape.
"We're seeing more and more of those types of votes, split straight down party lines, regardless of how many people we have in the room saying Louisianans support exceptions for rape and incest," said state Rep. C. Denise Marcelle, D-Baton Rouge, who sits on the criminal justice committee and supported the exemptions.
In a statement, Edwards said he was "deeply disappointed" by the vote.
"Louisiana is a pro-life state, which I and many others are proud of," he said. "But being pro-life can also include having basic empathy for women and young girls who are the victims of rape and incest."
The package of bills before the criminal justice committee Wednesday comprised the bulk of legislation filed in the current legislative session to expand abortion access.
New Orleans Democratic Rep. Delisha Boyd's House Bill 346 proposed exempting from the abortion ban all victims of rape or incest who become pregnant; but it failed to exit the committee on a 10-5 vote, with Democrats and Gretna Independent Rep. Joe Marino voting for the exceptions and Republicans voting against them. House Bill 549 from Rep. Cedric Glover, D-Shreveport, which sought exceptions specifically for children who suffer rape or incest, also failed mostly along party lines with nine Republicans voting no and four Democrats, plus Marino, voting in favor of the bill.
As she presented her bill, Boyd shared that she was born to a 15-year-old mother who was raped by a 28-year-old man. She recounted her mother suffering in the aftermath of her rape, and said that, although she was grateful to be alive, she wished her mother had had the choice to terminate the pregnancy — a choice she said should be available to all abuse survivors.
"I am concerned about where we are in this state with no provisions for rape or incest," Boyd said. "I can't imagine my daughter at 15 carrying a child. My granddaughter who is 10, who is every bit a 10 year old, carrying a child to term."
Anti-abortion witnesses in turn offered a full-throated defense of keeping the ban in place in all instances.
They argued on religious and moral grounds that the bills would be detrimental to rape and incest survivors, saying a woman's wish to get an abortion is likely a misguided one, regardless of how the pregnancy occurred.
"In light of the other states where women can seek abortions I'm proud, very proud, that Louisiana is a 100% pro-life state," said Clelie Carpenter, a board member for the Baton Rouge chapter of the anti-abortion group Louisiana Right to Life. "I say let's keep it that way."
Also before the committee Wednesday was House Bill 522 by Rep. Aimee Freeman, D-New Orleans. Freeman's bill would make it easier for doctors to navigate the ban, she said, by fining physicians instead of sending them to jail for performing abortions. The bill added an intent stipulation and allowed one doctor instead of two to certify so-called "medically futile" pregnancies, which are allowed under a part of the current law that doctors say is difficult to interpret.
Freeman ultimately deferred a vote on the bill, saying she plans to work on amendments to build support on the criminal justice committee, which holds a strong Republican majority.
“It doesn’t legalize abortion," Freeman said of her bill. "It just changes the way doctors are treated under the law so they can care for their patients.”
Also deferred on Wednesday was Slidell Republican Rep. Mary DuBuisson's House Bill 461, which seeks to clarify that treatment for miscarriages does not fall under the definition of an abortion. Rep. Candace Newell, D-New Orleans, also deferred her HB 598, which would create exceptions to the abortion ban for ectopic pregnancies.
Both measures could be revisited by the House Health and Welfare Committee next week.
Editor's note, 5/11/2023: This story has been updated to more accurately describe the political makeup of the committee votes against the two abortion-exception bills.